Rahul Kumar @ Gautam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35071 of 2025 Arising Out of PS. Case No.-46 Year-2025 Thana- SASARAM MUFFSIL District- Rohtas ====================================================== 1.

Rahul Kumar @ Gautam Kumar son of Om Prakash Singh R/O Village - Mohaddiganj, PO and P.S - Sasaram Mufassil, District - Rohtas 2.

Pravin Kumar @ Parvin Kumar Son of Nageshwar Singh R/O Village - Mohaddiganj, PO and P.S - Sasaram Mufassil, District - Rohtas ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sunil Kumar Singh, Advocate For the Opposite Party/s :

Mr. Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 03-06-2025

1. Heard learned counsel for the parties.

2. The petitioners in this application pray for bail apprehending their arrest in connection with Sasaram (Muffasil) P.S. Case no.46 of 2025 registered for the offence punishable under sections 191(2), 191(3), 190, 303(2), 127(1), 115(2) and 109 of the Bharatiya Nyaya Sanhita.

3. As per the prosecution case, the informant states that while he was returning to his village, the four named accused persons including the petitioners herein as also 10-15 unknown accused persons stopped him. They were variously armed. It is stated that co-accused Raja Babu struck the informant on his head with the butt of his rifle as a result of

Patna High Court CR. MISC. No.35071 of 2025(2) dt.03-06-2025 2/3 which he fell down. Co-accused Sachin Kumar took away the golden chain worth Rs.80,000/. It is further stated that the petitioner no.2 was going to shoot him, however, on other persons having gathered, his life was saved.

4. Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the case because of pending disputes between the parties. There is case and counter case between the parties. The injury on the injured Amresh Kumar is not attributable to the petitioners herein but to co-accused Raja Babu. The petitioners have no criminal antecedent and undertake to cooperate in the case/trial.

5. The application for bail is opposed by learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations against the petitioners in the FIR together with the contents of the injury report as quoted in the order of the learned trial Court and the petitioners not having any criminal antecedent, it is directed that both the petitioners, above named, in the event of their arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Sasaram (Muffasil) P.S. Case no.46 of 2025 on each of them

Patna High Court CR. MISC. No.35071 of 2025(2) dt.03-06-2025 3/3 furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Rohtas at Sasaram.

(Partha Sarthy, J) Saurabh/- U T